Blog Layout

5 Tips for Your Child Support Case

Rashar Morton • Oct 01, 2018

It can be daunting to think that a judge who knows little about you and your children can make a determination about the amount of child support you will receive or have to pay. And yet the child support system is based on a judge’s interpretation of financial data that is passed onto them by parents and their attorneys.

This is certainly an imperfect system, but it is the one that is used throughout the country and in the Commonwealth of Virginia. The aim of child support is not to punish one spouse or the other or to redistribute wealth. Rather, it is to protect and provide for the needs of your children and ensure their well-being.

If you are nervous about an ongoing child support case, this is understandable. Having an experienced Virginia family law attorney by your side is a great way to alleviate the stress. Your attorney will not only protect your rights but can also explain the legal process and help put your mind at ease. If you are working on child support negotiations, here are five tips that can help you reach a successful resolution.

  1. Be upfront about your income and expenses.

You will be required to provide a complete financial disclosure to the courts during this process. This includes showing proof of income and expenses. A commonly disputed area centers around income, where one spouse attempts to understate their earnings. Any attempts to game the system are likely to backfire, and the court-ordered child support won’t be in your favor.

  1. Include other child-related expenses.

Virginia law allows parents to include certain discretionary costs related to caring for and raising children. If these costs are part of your life, list them. Some of the expenses that you can include are travel expenses to reach a distant parent, private school tuition and fees, and the costs of extracurricular activities. These activities may include sports and music lessons, dues, and equipment.

  1. Document all expenses with canceled checks and receipts.

Whether it is your initial child support hearing or a request for modification, you should have proof of all child-related expenses. Keep a file with bank statements, receipts, and canceled checks so that you can support any statements you make through your attorney or in front of a judge.

  1. Show up early for your child support hearing.

It would be a monumental error to be late to your child support hearing or worse, fail to show up at all. Even though your attorney will be present, you will want to make a positive impression on the judge. Use the extra time to familiarize yourself with the process, so you will be more at ease if you are called upon to speak.

  1. Avoid unrelated topics.

A child support hearing is meant to determine a single issue. The judge won’t have the authority to change your custody or visitation agreement, so it doesn’t make sense to bring up requests or other grievances during this proceeding. Instead, stay on topic and let the judge know that you are there to ensure the health and well-being of your child(ren).

Get Help with Your Virginia Child Support Case

Whether married or not, both parents in Virginia are expected and legally obligated to support their children. Child support payments are based on a formula that considers the incomes of both parents as well as health and childcare costs and other expenses.

Either a family law court or the Department of Social Services can issue a child support order in Virginia. In most cases, you are better off trying to negotiate an agreement with the other parent rather than leaving this decision to chance. After an order is already in place, you have the right to ask for a review and adjustment under certain circumstances.

At Buck, Toscano, & Tereskerz, Attorneys at Law, our full-service family law attorneys will help you make sense of the complex laws that Virginia applies to child support and custody cases. Whether you are anticipating paying or receiving child support, these are important matters that need to be done right the first time. Our lawyers will protect your rights, so you can focus on caring for your children.

Contact our Charlottesville office now at 434-977-7977 to schedule your initial consultation.

By David Matine 03 Nov, 2022
When two or more individuals hold title to real estate property together, the type of ownership that is very often used is called “joint tenancy with a right of survivorship.” Under this arrangement, each owner, referred to as a “joint tenant”, possesses an equal share of the property. And when one of the owners... Read More » The post Joint Tenancy Problems in Estate Planning appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 11 Oct, 2022
Virginia residents who own real estate property can use a transfer on death deed (TODD) to automatically transfer property directly to beneficiaries upon the owner’s death. This can be a good estate planning strategy, especially for those whose primary asset is their house and they do not have much other property. With a transfer... Read More » The post Virginia’s Transfer on Death Deed: What You Need to Know appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 03 Oct, 2022
When a couple gets divorced, one of the most complicated issues that will need to be resolved is the division of marital property. This is especially true if the spouses have accumulated significant assets during the time that they were married. One marital asset that is particularly difficult to divide is an annuity. This... Read More » The post Dividing an Annuity in a Virginia Divorce Settlement appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 30 Aug, 2022
The goal of anyone making an estate plan is to make the probate process stress-free for their surviving loved ones as their final wishes are carried out. Usually, estate planning documents, such as a legally valid will, can mitigate the majority of potential challenges and help avoid probate court controversy. However, estate planning fraud... Read More » The post How to Recognize Fraud in Estate Planning appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 05 Aug, 2022
When an heir to an estate plan passes away, it is time to get in touch with an experienced estate planning lawyer to make the necessary changes to your plan.   If you need legal help with any type of estate planning matters in Virginia, contact Buck, Toscano & Terezkerz. We work closely with... Read More » The post Revising Your Estate Plan After The Death Of An Heir appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 05 Aug, 2022
One of the most contentious issues that must be resolved during a divorce is the division of the marital estate. Whenever there is money and property involved, it can trigger emotional responses. One question that often causes these types of feelings is which spouse gets to keep the house that the couple is currently... Read More » The post Navigating a Home Transfer During a Virginia Divorce appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 05 Jul, 2022
Many cohabitating couples choose not to get married these days, and a lot of them have children together. Unmarried couples living with children they have together are not much different from married couples with children. And just like with a lot of marriages, unmarried couples often decide to split up as well, leaving the... Read More » The post Why Unmarried Parents Should Still Work Out Child Custody Arrangements appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 29 Jun, 2022
When individuals prepare their wills, they are often only thinking about their physical property (such as real estate, vehicles, jewelry, etc.) and financial accounts. Digital estate planning is a fairly recent concept, and it is something that is frequently overlooked when people set up their estate plans. Digitized assets can be very valuable in... Read More » The post Digital Estate Planning: Protecting Your Online Assets appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 15 Jun, 2022
If you have recently gone through a divorce, you may be feeling a sense of relief that the process is over, along with a combination of excitement and anxiety about what lies ahead. But before you get too far into your post-divorce life, there is one area that you should address: your estate plan.... Read More » The post Estate Planning After Divorce appeared first on Buck, Toscano & Tereskerz, Ltd..
By David Matine 01 Jun, 2022
When couples are getting divorced and one of the spouses has received a significant inheritance (or they are going to receive one in the near future), they often wonder how this inheritance might impact the divorce settlement. What effect (if any) will an inheritance have on the division of property? How will it impact... Read More » The post How Do Inheritances Impact a Virginia Divorce? appeared first on Buck, Toscano & Tereskerz, Ltd..
More Posts
Share by: